Legal Question in Business Law in New York

E-Commerce

My question do I need permission from a manufacturer to re-sell a food product (such as hotdogs, sausages, via the internet?

Also I am trying to determine, if selling a food product to customers is a taxable event and do I need sales tax certificates for each states I do business in? If so, how do I get them? I plan on selling in as many states as possible. All products will be sold via the internet? Thank you.


Asked on 11/16/07, 6:05 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: E-Commerce

Manufacturers of food products are generally very proud of their products and they align themselves carefully with others whom they think will enhance their image. To interfere with this by selling their products outside of their marketing plan can be actionable as trademark infringement.

If food is taxable in a state, then the merchant should apply for the authority to collect the tax and turn it over to the state. Each state handles that differently.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 11/19/07, 11:47 am


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